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Review of Swimming Pools Act 1992

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Review of Swimming Pools Act 1992

Swimming Pools Act 1992 Review Discussion Paper

The Swimming Pools Act 1992 is currently under review.

Feedback is being sought from the public, councils and other stakeholders to obtain an indication of the level of support for possible Act amendments to address issues with child safety around swimming pools including, but not limited to

new requirements for private swimming pool owners to register their pool with their local council and to self-certify the pool barrier’s compliance with the Swimming Pools Act

new requirements for councils to undertake private swimming pool inspections within their local government areas.

Making a Submission

Submissions on the Swimming Pools Act 1992 Review Discussion Paper have now closed.

Contact the Division of Local Government, Department of Premier and Cabinet for further information on 02 4428 4100.

Background

A comprehensive review of the Swimming Pools Act 1992 continues to be undertaken to identify appropriate amendments to enhance the safety of children under the age of five years old around private (‘backyard’) swimming pools in NSW.

The Swimming Pools Regulation 2008 was re-made on 1 September 2008. It calls up the latest Australian Standard for pool barriers (As1926.1-2007), which includes new requirements for non-climbable zones, mesh sizes for fences, retaining walls that form part of a barrier and balconies that project into the pool area.

The Swimming Pools Amendment Act 2009 (the Amendment Act) commenced on 14 December 2009.

The amendments aim to enhance the safety of very young children (aged 0-4) near private swimming pools in NSW by further reducing drownings and serious immersion injuries.

The Amendment Act provides the legislative framework for a high standard of four-sided, child-resistant pool barriers to be consistently applied to all newly constructed private pools in NSW. It also provides appropriate additional mechanisms to encourage compliance with the legislation.

It includes the following amendments:

removal of automatic exemptions for new pools on very small (less than 230 square metres), large (2 hectares or more) and waterfront properties from 1 July 2010

requirement for local authorities to investigate complaints received about non-compliance with the Act

ability for local authorities to enter a property to rectify pool barriers in situations where non-action poses a significant risk to public safety

requirement for councils to serve a notice of intention to serve a direction on a pool owner to comply with the Act before serving the direction, unless a person’s safety would otherwise be at risk

increase to penalty amounts for most offences under the Act from $1,100 to $5,500, including failure to provide and maintain a swimming pool barrier to standard and failure to keep gates securely closed when not in use.

The amendments align with the NSW Government’s policy to ensure a high standard of four-sided barrier fencing is consistently applied to private swimming pools in NSW.

In tandem with the legislative amendments, additional backyard pool safety education initiatives have also been developed.

Coronial Findings and Recommendations into Swimming Pool Deaths

In April 2010 Magistrate P A MacMahon, NSW Deputy State Coroner, handed down recommendations arising from inquests conducted into eight backyard swimming pool deaths that occurred between 2006 and 2009. A Cross Agency Working Group was convened by the Division of Local Government and comprised representatives from the Department of Attorney General and Justice, the Office of Fair Trading, the Division of Sport and Recreation and the Department of Planning and Infrastructure to develop a coordinated response to the Recommendations. The Working Group also considered related recommendations handed down by the Deputy Coroner in May 2011 regarding a further drowning.

The Working Group has finalised its report for the Government's consideration.

The Government is now seeking feedback from the public, councils and other stakeholders on possible Act amendments to further increase child safety around swimming pools in relation to a private swimming pool registration, self-certification and inspection program.

Further Information

Further guidance for local councils about the Act amendments is available in the Directory of Policy Advice for Councils under ‘Swimming pools (backyard)’.

For further general information please contact the Division on 02 4428 4100.

Attachments and links

Documents relating to previous Swimming Pools Act review

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